Thomas and Janice Gleason - Page 21

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          Target.  The total claimed by petitioners ($2,800,000) was                  
          allegedly based on calculations conducted by E&Y at the time of             
          the exchange.  No documents related to that analysis were                   
          proffered as evidence.  Respondent’s total basis from Excellence            
          ($1,427,039) was explained by stipulation as:                               
               $50,000  Initial investment                                            
               312,699  Income from FYE 1994                                          
               807,012  Income from FYE 1995                                          
               257,328  Income from FYE 1996                                          
          According to stipulation, 25 percent of the Excellence stock was            
          exchanged for Alofs and 75 percent for Target.6                             
               As a threshold matter, it should be observed that both                 
          sides’ computations are problematic when considered vis-a-vis the           
          record in this case.  Many of the components claimed by                     
          petitioners are unsubstantiated by any documentary evidence, and            
          what explanations were offered at trial and on brief are opaque             
          and rambling.  Respondent’s calculations, while giving an initial           
          impression of precision, take on a seemingly inexplicable                   
          randomness when evaluated in light of the underlying record.                




               6 While the parties’ stipulations to some extent separate              
          allegations pertaining to Alofs and Target, their discussions at            
          trial and on brief generally address the matter of basis in the             
          two entities in a collective sense.  The evidence in the record             
          also typically does not make a distinction.  For example, the $6            
          million loan was to be used to purchase the stock of Alofs and              
          Target, not just Alofs as the stipulations would suggest.                   
          Accordingly, the Court’s discussion to follow will likewise                 
          proceed in a generally collective fashion.                                  





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